\ > 4.4 - % IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGAD^ WRIT PETITION NO: 12401 OF 2025 Between ; 1, Dtermana Motors Pvt Ltd.,Rep^ by its Managing Director DharmanaDharmanaRao, S/o China Chandradu aged 58 years, Occ; Business, R/o Plot No 5 Old SB1 Officers’ Colony, Punyapu Street, Srikakulam Town &Mandal, Srikakulam District. 2. Dharmana Dharma Rao, S/o China Chandrudu, Aged 58 Occ; Business, R/o Plot No.5, Old SBI Officers Colony, Punyapu Street, Srikakulam Town SMandal, Srikakulam District. And 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat at Velagapudi Amaravathi, Guntur District, A.P. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat at Velagapudi Amaravathi, Guntur District, A.P. 3. The District Collector, Srikakulam District, Srikakula 4. The Director General of Police, Mangalagiri, Guntur District. 5. The Joint Collector, Srikakulam District, Srikakulam. 6. The Superintendent of Police, Srikakulam District, Srikakulam. years. ...Petitioners m. 0 7. The Revenue Divisional Officer ^nkakulamTown &District 8. The Tahsildar, SrikakulamTown and Mandal, 9. The Station House officer, Srikakulam Town P.s, SrikakulamMandal and District. Teppalastreet, SrikakulamTowm Srikakulam. Srikakulam District. and District. 11. Smt. R/n r^M*^f?,''j^^^3^'W/oAnandaRao. o D.No. 1-258, Gokayyavalas Village Uriani Post, NarasannapetaMandal ^ Srikakulam District. R/l^n Ramanna KotabommaliMandafsSlam^oS^^'''''^'^^'^ 13. Sri ChinthapalliNagabhushanaRao ^f° ''-''2/1. Peddaveedhi Peddakakithapalli Post S/o JaggaRao, Chinnakakithapalli Village SarubujjiliMandal, Srikakulam Dist’rict. P/' S/o Ramaraj u. Srikakulam Town and District. GullipalliJagadeeswaraRao S/o Ramrakrishna Naidu, R/o D.No.7-9-5, Chittaranjanstreet, Srikakulam Town and District. 16. Sri China Waltair, Visakhapatnam' ■••Respondents r Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the ^fidavit filed therewith, the High Court may be pleased to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent Nos.8th and 9th in trying to dispossess and interfering with the civil dispute of the property i.e Godown an extent of 80 Va cents, out of which an extent of 40 Va cents (1960.20 Sq. Yaards) situated in Sy.No.506/1 and an extent of 40 cents (1936 Sq. Yards) in Sy.No.456/2b of Singupuram Village, Srikakulam Town and Mandal, Srikakulam District as highly illegal, arbitrary motivated, unconstitutional, untenable, unsustainable, unwarranted and contrary to law as well as violative of principles of natural justice and consequently direct the Respondents not to dispossess the petitioners from the petitioners property (automobile godown comprising of TVS two wheelers, old and new vehicles etc.,) from land admeasuring extent of 80 14 Cents, out of which an extent of 40 14 cents (1960.20 Sq. Yaards) situated in Sy.No.506/1 and an extent of 40 cents (1936 Sq. Yards) in Sy.No.456/2b of Singupuram Village, Srikakulam Town and Mandal, Srikakulam District without following due process of Law. lA NO: 1 OF 2025 an Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to dispossess the petitioner from the property (automobile Godown) land admeasuring an extent of 80 72 cents, out of which an extent of 40 72 cents (1960.20 Sq.Yaards) situated in Sy.No.506/1 and an extent of 40 cents (1936 Sq.Yards) in Sy.No.456/2b of Singupuram Village, Srikakulam Town &Mandal, without following due process of Law. Counsel for the Petitioners: SRI K. B. RAMANNA DORA Counsel for the Respondent Nos.1,3,5,7 & 8: GP FOR REVENUE Counsel for the Respondent Nos.2,4,6 & 9: GP FOR HOME The Court made the following: ORDER Srikakulam District w :;1:: APHC010245832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12401/2025 Between: ...PETITIONER(S) Dharmana Motors Pvt. Ltd.,ana Motors Pvt Ltd and Others AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.KB RAMANNA DORA Counsel for the Respondent{S); 1.GP FOR HOME 2.GP FOR REVENUE The Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: 1. “to issue a writ order or a direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent Nos 8th and 9th in trying to 2 dispossess and interfering with the civil dispute of the property i.e., Godown an extent of 80 1/2 cents out of which an extent of 4011/2 cents 1960 20 Sq Yaards situated in Sy No.506/1 and an extent of 40 cents xn. ''' No.456/2b of Singupuram Village Snkakulam Town and Mandal Srikakulam District as highly illegal arbitrary motivated J untenable unconstitutional , , unsustainable unwarranted and contrary to law as well as violative of principles of natural justice and consequently direct the Respondents not to dispossess the petitioners from the petitioners property automobile godown comprising of TVS two wheelers old and new vehicles etc from land admeasuring an extent of 80percent cents out of which an extent of 40 1/2 cents 1960 20 Sq Yaards situated in Sy No.506/1 and an extent of 40 cents 1936 Sq Yards in Sy No.456/2b of Singupuram Village Srikakulam Town , Srikakulam Districtwithout following due Law and pass order” and Mandal process of 2. During hearing, learned counsel for the touching the merits of the petitioners, without case, requested this Court to issue a direction to the respondents not to dispossess the petitioners from their lands, without following due process of law. 3. Learned Assistant Government Pleader for admitted that the petitioners subject land and the respondents’ authorities process of law and requested to accordance with law. Respondents are in continuous possession of would follow due pass appropriate orders in 3 4. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents furnished written instructions dated 04.05.2025 wherein it is stated that;- “77. It is submitted that the respondent authorities have not disturbed the possession of petitioner’s scheduled land in Sy.No.456-2B, 501-6 of Singupuram Revenue Village. Therefore, the Revenue Authorities evicted the encroachment in the Govt, land by the petitioner in Sy. No. 505/1B2 which adjacent land to the petitioner’s land i.e., IS an Sy.No.456-2B. It is settled proposition of law that when the petitioners are in settled possession and enjoyment of the property, the respondents not entitled to interfere with the possession and enjoyment of the petitioners and such highhanded action of the respondents would amount to depriving the petitioner’s constitutional right guaranteed under Article 300-A of the Constitution of India, besides violation of Article 14 of the Constitution of India. Even assuming for a moment that this petitioners’ possession is illegal, still, the petitioners are required to be afforded an opportunity before taking appropriate action and in view of the law declared by the Apex Rame Gowda (dead) by LRs. v. M.Varadappa Naidu 5. are Court in >* 4 (Dead) by L.Rs. , when the petitioners are in settled possession and enjoyment of the property, they cannot be dispossessed, without following due process of law. Therefore, the respondents are directed not to interfere with the peaceful possession and enjoyment of the petitioners’ subject property. However, if they intend to take any action against subject property of the petitioners, they shall follow the due procedure as contemplated under the law. With the above direction, the writ petition is disposed of. No 6. costs. As a sequel, interlocutory applications if any pending, shall stand closed. / ^ 2004(1) see 769 Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat at Velagapudi, Amaravathi, Guntur District, A.P. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat at Velagapudi, Amaravathi, Guntur District, A.P. The District Collector, Srikakulam District, Srikakulam. The Director General of Police, Mangalagiri, Guntur District. The Joint Collector, Srikakulam District, Srikakulam. The Superintendent of Police, Srikakulam District, Srikakulam. The Revenue Divisional Officer, Srikakulam Town & District, Srikakulam. The Tahsildar, Srikakulam Town & Mandal, Srikakulam District. The Station House Officer, Sri Kakulam Town P.S., Srikakulam Mandal and District. 2. 3. 4. 5. 6. 7. 8. 9. 10. One CC to Sri K. B. Ramanna Dora, Advocate [OPUC] 11. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 12. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 13. Three CD Copies. ssb HIGH COURT DATED:09/05/2025 ORDER WP.No.12401 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS